Trade unions can be recognised to represent groups of employees in a company in negotiations over pay, holidays and working conditions through either:
- a voluntary agreement with the employer
- a declaration by the Central Arbitration Committee (CAC).
Three years after a CAC declaration of recognition, employers and workers can apply to the CAC to have a union derecognised.
If the application is successful, the union will cease to represent the workforce in negotiations with the employer.
When employers can apply
Where recognition has been declared by the CAC, you can apply to have a union derecognised in any of the following situations:
- the number of people employed by the company has fallen to less than 21
- workers in the bargaining unit no longer support the union
- the number of union members in the bargaining unit has fallen to below 50%
When workers can apply
You can apply to have a union derecognised if workers in the bargaining unit no longer support the union and don’t want to be represented by the union.
You can apply to have a non-independent union derecognised if the majority of workers do not support it.